TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 457. MINIMUM STANDARDS FOR INCIDENT SAFETY OFFICER CERTIFICATION

37 TAC §457.3, §457.5

The Texas Commission on Fire Protection (the commission) proposes amendments to Chapter 457, Minimum Standards For Incident Safety Officer Certification, concerning, §457.3, Minimum Standards For Incident Safety Officer Certification; and §457.5, Examination Requirements.

The purpose of the proposed amendments is to accommodate the agency's current practice regarding development of curricula.

Tim Rutland, Executive Director, has determined that for each year of the first five year period the proposed amendments are in effect, there will be no significant fiscal impact to state government or local governments.

Mr. Rutland has also determined that for each year of the first five years the proposed amendments are in effect, the public benefit from the passage is the language will clarify rules regarding the requirements for the completion of in-state and other training necessary to qualify a person to take the state examination for Incident Safety Officer. There will be no effect on micro or small businesses or persons required to comply with the amendments as proposed.

Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this notice in the Texas Register to Tim Rutland, Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768 or e-mailed to info@tcfp.texas.gov. Comments will be reviewed and discussed at a future commission meeting.

The amendments are proposed under Texas Government Code, Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and duties; §419.032 which allows the commission to appoint fire protection personnel.

The proposed amendments implement Texas Government Code, Chapter 419, §419.008 and §419.032.

§457.3Minimum Standards for Incident Safety Officer Certification.

In order to be certified as an Incident Safety Officer an individual must:

(1) hold commission certification as Fire Officer I and;

(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Incident Safety Officer; or

(3) complete a commission approved Incident Safety Officer program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Incident Safety Officer program must consist of one of the following:

(A) completion of an in-state [a commission approved] Incident Safety Officer program meeting the requirements of the applicable NFPA standard and conducted by a commission certified training provider, that was submitted and approved through the commission's training prior approval system; or [curriculum as specified in the applicable chapter of the commission's Certification Curriculum Manual or]

(B) completion of an out-of-state, educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard [be equivalent to, or exceeds the commission approved Incident Safety Officer curriculum.].

§457.5Examination Requirements.

(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive an Incident Safety Officer certification, unless otherwise specified in this chapter.

(b) Individuals will be permitted to take the commission examination for Incident Safety Officer certification by documenting Fire Officer I certification through the commission or the equivalent IFSAC seal, and completing a commission approved Incident Safety Officer training program [curriculum.].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 18, 2016.

TRD-201606016

Tim Rutland

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: January 1, 2017

For further information, please call: (512) 936-3812